Friday, November 8, 2019

Appeals court justice with Alzheimer’s disease resigns

Laura Higley

by Samantha Ketterer

A justice on the state’s First Court of Appeals has
resigned, days after reports that she was sitting on the bench while
diagnosed with Alzheimer’s disease.

Justice
Laura Carter Higley, who lives in West University and served on the
Houston-based court, submitted her notice to Gov. Greg Abbott, the
appeals court’s clerk confirmed Tuesday. In the letter, she did not
offer a reason for stepping down from the bench, he said.

“Her service is appreciated by us and the state of Texas,” clerk Christopher Prine said.

The justice, a Republican, has held Place 5 on the
court since 2002. She was re-elected in 2008 and 2014, with her term set
to expire December 2020.

Higley has not responded to requests for comment.

The
Houston Chronicle reported on Higley’s cognitive condition after her
sons launched an effort to become her legal guardians. The justice, who
is 72, had been continuing with her daily work routine contrary to her
failing health, the sons said.

“Due
to the recent (and rapid) progression of her Alzheimer’s disease,
Justice Higley’s mental state has deteriorated to the point that she is
no longer able to care for her own physical health or manage her own
financial affairs,” sons Garrett C. Higley and Robert Carter Higley said
in the filing for guardianship.

She
had continued driving herself to work downtown, and had not resigned
from her job despite “clear indicators and explicit warnings” that she
was no longer capable of serving on the court, the brothers said.

Alzheimer’s disease is a progressively-natured form,
meaning it can begin with mild memory loss and become increasingly
severe, possibly causing the person to lose the ability to respond to
their environment, according to the Centers for Disease Control and
Prevention. It can affect the ability to complete daily activities, the
agency said, and there is no known cure.

Higley
became the subject of the guardianship case in mid-October, just a week
after receiving an official diagnosis of Alzheimer’s disease, according
to documents filed in Probate Court No. 2. Her wellness issues began
more than a year earlier with a diagnosis of an unspecified mild
neurocognitive disorder, which progressed to a mild neurocognitive
disorder stemming from possible Alzheimer’s disease in March, records
show.

The
sons hope to pull decision-making regarding Higley’s care away from her
husband and their father, West University Place Mayor Bob Higley.

They
called their mother’s condition “in the moment” only, meaning she can’t
engage in substantive conversations. She struggles to remember
information relayed to her or people she spoke with just a day before,
according to the court filing.

Higley
can’t do her job or manage her personal and financial affairs without
complete assistance and supervision, meaning she’s a legally
“incapacitated” person, the sons said.

She
has a long history in law, and was an attorney at Baker Botts, L.L.P.
prior to being a judge. Before that, she was the mayor of West
University Place.

Higley
was one of nine justices on her court, which serves Austin, Brazoria,
Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller and
Washington counties. The judges mostly hear appeals on cases decided in
lower district and county courts in their jurisdiction.

It’s
unknown whether Justice Higley has been on the receiving end of any
official complaints related to her work. Those would be brought to the
State Commission on Judicial Conduct, the oversight group for judges,
interim executive director Jacqueline Habersham has said.

The Houston Chronicle has requested comment from the governor’s office regarding Higley’s resignation.

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